Immigration Law: 'Erosion of Trust' or 'Protecting The Public?'

WAUKESHA COUNTY, WI — As one branch of Waukesha law enforcement seeks broader authority to enforce federal immigration laws, local activists are saying the effort will erode trust with society's most vulnerable people.

This week, Waukesha County Sheriff's office received preliminary approval to participate in a federal immigration law enforcement program that has been deemed controversial in some circles.

In October, Waukesha County Sheriff Eric Severson applied for participation in the 287(g) program, a program that - at a glance - allows a local law enforcement agency to enter into a partnership with federal immigration officials in order to receive authority for immigration enforcement in their area. Severson's application pertained to an enforcement model that applies to the Waukesha County Jail.

If his application is successful, it would be the first agency in Wisconsin to be granted clearance to participate in the 287(g) program. In early 2017, Milwaukee County Sheriff David Clarke also sought participation in the program, however that request was denied in early November.

Severson defended his department's desire to participate in the program, saying that the program allows deputies to do their jobs to protects local citizens while also assisting federal law enforcement officials.

"Several years ago, a nation-wide effort began challenging the processes used by ICE and Sheriffs regarding the detention of illegal aliens. This effort has taken the form of civil rights lawsuits challenging the process used by ICE called "detainers" Detainers are requested by ICE asking the local sheriff to help them transfer illegal aliens into their custody from county jails," Severson said in a prepared statement. "Such lawsuits in several jurisdictions have been successful. I have determined, after consultation with legal counsel, that the best way to honor my responsibility to cooperate with ICE and protect the public, while at the same time honoring my oath to preserve, protect and defend the Constitution, is through participation in the 287(g) program."

Severson learned that the Program Advisory Board at the Department of Immigration and Customs Enforcement (ICE) Headquarters, recommended approval for Waukesha County in obtaining 287(g) authority relative to the jail model on Nov. 14. Final approval is currently pending with the director of ICE and is expected to take up to 4 weeks.

Anxiety And Fear

But as Waukesha's top sheriff official sees the 287(g) program as a positive, another community leader sees it as negative that will cause anxiety and alienation among the county's nearly 18,000 Hispanic and Latino population.

"We have thousands of people here who have been living and working here for a very long time. They're feeling as though they're not welcome, not wanted and that they're going to be persecuted,"
Bernie Gonzalez, community organizer for Sofia Waukesha told Patch. "We have a lot of people who are not documented and have been living here for more than 10 years. If they are accused, and not even convinced, they could be possibly deported. That causes anxiety and fear. For employers and people, it simply does not make any sense."

Gonzalez, who is concentrating on the immigration issue in Waukesha, served honorably in U.S. military in the Army from 1993 until July 2001, when he was discharged because he couldn't obtain a work visa in a timely fashion. Eventually, Gonzalez attained legal status in the U.S. and has been working to protect the rights of others ever since. Through Sofia, Gonzalez helps staff a rapid-response team, a network of people who can quickly respond to a local law enforcement action to observe whether a suspect's civil rights are respected.

Gonzalez said that Sofia Waukesha has been meeting with local officials — even before the 287(g) program began moving forward in Waukesha County. He told Waukesha Patch that members of Sofia have already met with local leaders, including the Sheriff, Mayor and Chief of Police.

"The Police chief and Mayor said they were not interested in implementing policies like 287(g) for causing fear among undocumented people. They were more interested in building trust," he said.

Photo via Renee Schiavone/ Patch